M/S Dscign Biosys vs State Of Karnataka on 27 January, 2020

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Karnataka High Court

M/S Dscign Biosys vs State Of Karnataka on 27 January, 2020

Bench: P.S. Dinesh Kumar

                             1




     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 27TH DAY OF JANUARY, 2020

                           BEFORE

       THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR

        WRIT PETITION No.1618 OF 2020 (GM-RES)


BETWEEN :

M/S. DSCIGN BIOSYS
NO.91/2, NEAR ISHA CASHEW FACTORY
KUMBALGODU INDUSTRIAL AREA
2ND PHASE, DODDA ALADAMARA
ROAD, GERUPALYA
BANGALORE-560 074

REPRESENTED BY ITS
VICE PRESIDENT V.P.DESAI               ...PETITIONER


(BY SHRI. R.B. SANGAMESH, ADVOCATE)



AND:

1.    STATE OF KARNATAKA
      DEPARTMENT OF AGRICULTURE
      REP. BY SECRETARY
      VIKASA SOUDHA
      BANGALORE-01

2.    THE DIRECTOR
      DEPARTMENT OF AGRICULTURE
      SHESHADRI ROAD
      BANGALORE-01

3.    OFFICE OF THE JOINT DIRECTOR
      OF AGRICULTURE
                                  2



      DEPT. OF AGRICULTURE
      BANGALORE-560 001

4.    INSECTICIDE INSPECTOR
      AND AGRICULTURE OFFICER
      DEPT. OF AGRICULTURE
      BANGALORE DISTRICT
      BANGALORE-560 001                             ... RESPONDENTS


(BY SHRI. VIJAYKUMAR A. PATIL, AGA)



      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF   THE   CONSTITUTION    OF   INDIA   PRAYING      TO    DIRECT   THE
RESPONDENTS     NOT   TO   INTERFERE    WITH       THE    MANUFACTURE,
STOCKING,     DISTRIBUTION   AND     SALES    OF    THE    BIO/NATURAL
PRODUCTS MANUFACTURED/PACKED AND DISTRIBUTED/SOLD BY
THE PETITIONER.



      THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:


                             ORDER

Petitioner claims to be manufacturer of Bio-natural products. Its grievance is, Insecticide Inspectors, who have no jurisdiction to inspect the Bio-natural products are interfering with manufacture and sale of products manufactured by petitioner.

2. Shri.Sangamesh, learned Advocate for petitioner submitted that in similar circumstances, this Court has passed orders directing respondents not to interfere with petitioner's manufacture and sale of Bio-natural products unless there is any contravention of the provisions of the Insecticides Act.

3. Shri.Sangamesh and Shri. Vijaykumar A.Patil, learned AGA for the State jointly submitted that the subject matter of this petition is similar to the issue in W.P. No.50453/2019 decided on 8th November 2019.

4. The joint submission of learned Advocates is placed on record. In the circumstances, writ petition is disposed of directing the respondents not to interfere with the manufacture, stocking, distribution and sales of Bio Natural products manufactured/packed and distributed/sold by the petitioner as per the schedule in the present writ petition. However, it is needless to observe that it is always open for the respondents/appropriate authorities to take action 4 against the petitioner in case of any contravention of the provisions of the Insecticides Act by the petitioner after following procedure and in accordance with law.

With these observations writ petition is disposed of. No costs.

Sd/-

JUDGE Yn.

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